Tree Preservation Orders (TPOs) and Legal Compliance

Introduction: Why Tree Protection Matters

Trees are more than just natural features in our landscapes, they provide shelter for wildlife, reduce pollution, offer shade, and enhance the aesthetic and monetary value of our properties. In urban and suburban areas such as Middlesbrough, where development pressure and environmental concerns often clash, the role of legal tree protection is more crucial than ever.

If you’re considering any form of tree work, especially pruning or removal, it is essential to first ask: Is this tree protected by a Tree Preservation Order (TPO)? A single oversight can result in legal action, large fines, or irreversible environmental damage. This guide explains everything you need to know about TPOs in the UK, with specific insight into how they apply in Middlesbrough and the wider Teesside area, and how working with a qualified team like Tree Surgeon Middlesbrough can ensure full compliance and peace of mind.

What Exactly Is a Tree Preservation Order (TPO)?

A Tree Preservation Order (TPO) is a legal tool used by local planning authorities to protect individual trees, groups of trees, or entire woodlands from unauthorised works such as felling, lopping, topping, uprooting, or otherwise causing damage.

TPOs are implemented under the Town and Country Planning Act 1990, and apply to both public and privately owned land.

Their primary purpose is to preserve trees that contribute significantly to the:

• Visual amenity of an area
  
• Historic or cultural character of a site
  
• Biodiversity and ecological health of the local environment
  

In other words, if a tree adds value, visually, historically, or environmentally, it may be protected by law.

Why Are TPOs So Important in Urban Areas Like Middlesbrough?

Urban development, infill housing, and infrastructure expansion often result in the felling of mature trees. In towns like Middlesbrough, where many Victorian-era and post-war neighbourhoods feature long-established trees, there’s growing awareness of the need to balance development with preservation.

Trees in areas such as Linthorpe, Acklam, Nunthorpe, and Marton are often subject to TPOs due to their maturity and significance in the local landscape.

TPOs ensure that important trees are not removed for convenience or short-term gain and that local residents have the opportunity to object to proposed works before irreversible decisions are made.

What Types of Trees Can Be Covered by a TPO?

Contrary to popular belief, a TPO does not only apply to large or rare trees. Any tree, regardless of species, can be protected if it meets certain criteria.

TPOs can apply to:

• Single trees in gardens or open spaces
  
• Groups of trees with collective landscape value
  
• Areas of trees, where all trees within a boundary are protected
  
• Woodlands, preserving the long-term structure and biodiversity of a site
  

Hedges, shrubs, and bushes are not covered, but trees within hedgerows may be.

Common Scenarios Where TPOs Are Overlooked

TPO breaches often happen because homeowners or contractors assume a tree isn’t protected. Common examples include:

• Removing a tree to create a driveway without checking records
  
• Carrying out pruning to improve light or views
  
• Contractors felling trees during renovation work without proper authorisation
  
• Developers clearing plots before submitting planning applications
  

Ignorance of a tree’s protected status is not a defence in court. This is why it’s vital to check before doing any work.

How Do You Find Out If a Tree Has a TPO?

Checking a tree’s protection status is simple, but it must be done before any work begins.

Step-by-Step Guide:

1. Contact Middlesbrough Council
   The planning department holds all records of TPOs. You can:
   
   • Call or email the Planning Services team
     
   • Visit the council website’s TPO map or request a search
     
   • Request written confirmation for official purposes
     
2. Use Online Planning Portals
   Many councils now offer digital maps or downloadable TPO lists searchable by address or postcode.
   
3. Speak to a Local Tree Surgeon
   Certified arborists, like those at Tree Surgeon Middlesbrough, can check for you and often liaise with the council on your behalf. This is especially useful if you’re managing multiple trees or preparing for development.
   
4. Planning Applications
   If a planning application is submitted, TPOs are typically reviewed during the planning process. However, this does not automatically give permission for tree works unless clearly stated.
   

What Happens If You Ignore a TPO?

The penalties for unauthorised tree work on protected trees can be severe:

• Up to £20,000 per tree in fines (Magistrates’ Court)
  
• Unlimited fines for more serious offences (Crown Court)
  
• Prosecution costs
  
• Potential criminal record
  
• Legal orders to replace damaged or destroyed trees (at your expense)
  

Offences can also include damage to tree roots or bark during construction, even if the tree appears intact afterward.

The council may also refuse to grant future planning applications if you breach protection regulations, especially on development sites.

Can You Ever Carry Out Work on a TPO Tree?

Yes, but only with proper consent.

To carry out pruning, shaping, felling, crown reduction, or even remedial work, you need to:

• Submit a formal TPO application to the local authority
  
• Provide full details of the proposed work and the reasons for it
  
• Include a map, tree location, photos, and often a professional arborist’s report
  

Middlesbrough Council typically takes up to 8 weeks to process applications, though urgent requests (e.g. safety concerns) may be fast-tracked.

Are There Any Exemptions?

Some activities are permitted without consent, but even then, caution and documentation are essential. Exemptions include:

• Removing deadwood for safety (though proof of the condition is advisable)
  
• Work on dead or imminently dangerous trees
  
• Trees causing direct obstruction to highways or legal access
  
• Trees damaging buildings or infrastructure, but only if certified evidence supports it
  
• Tree work carried out by statutory undertakers (e.g. utility companies)
  

However, exemptions are narrow in scope. It’s strongly recommended to contact the council first, even in apparent emergency situations. Take photographs, get a written report, and never assume.

Trees in Conservation Areas

If a tree is not subject to a TPO but is located within a Conservation Area, it may still be protected. You must provide 6 weeks’ written notice before carrying out any work on trees over 75mm in diameter (measured 1.5m above ground).

If the council objects during the notice period, they may place a new TPO on the tree.

TPOs and Planning Permission: What’s the Relationship?

Sometimes, planning permission may include approval for works to protected trees. However, it’s not automatic.

• If the tree work is specifically mentioned and approved in the permission, it can proceed
  
• If it’s not mentioned, separate TPO consent is still required
  
• Developers must be especially careful when clearing land, removing protected trees before a full survey or planning permission is a common (and costly) mistake
  

Tree protection surveys are often required for developments near protected trees, and councils may reject plans that threaten valuable tree stock.

How Tree Surgeon Middlesbrough Can Help

Working with a qualified tree professional is the most reliable way to ensure full compliance with TPO laws. At Tree Surgeon Middlesbrough, we:

• Provide TPO and conservation area checks
  
• Help submit legal applications to Middlesbrough Council
  
• Offer tree reports for structural damage, disease, or safety concerns
  
• Carry out approved works to British Standard BS3998
  
• Liaise with planners, developers, and council officers as needed
  
• Maintain full insurance and NPTC certification
  

Whether you’re a homeowner with a single protected tree or a contractor managing a complex site, we ensure that all work is carried out safely, legally, and to the highest professional standards.

Final Thoughts: Protecting Trees and Protecting Yourself

Tree Preservation Orders are not designed to stop responsible management of trees, but they do require a proper process. If you value the trees on your land, want to avoid legal issues, or are preparing for development, knowing your responsibilities under TPO regulations is crucial.

By working with experienced professionals like Tree Surgeon Middlesbrough, you not only protect the trees but also protect yourself, from costly mistakes, legal battles, and the loss of community trust.

Need Assistance With TPO Compliance in Middlesbrough?

Tree Surgeon Middlesbrough is here to help. From initial inspections to legal applications and approved tree work, we provide end-to-end support for all your tree care needs.

Serving Middlesbrough, Stockton-on-Tees, Redcar, Guisborough, and the wider Tees Valley area.